The purpose of a legal system is to provide a systematic, orderly and predictable mechanism for resolving disputes. In order to fulfil its mission, such a system must fulfil three closely related but nevertheless distinct functions: case law, legislation and enforcement. Private law is the common term for the broad field that deals with legal relations between people. It deals with pure status issues (marriage, divorce, kinship, etc.); matters concerning property of any kind (property, estates, contracts); and commercial activities in the broad sense. Its essential feature is that participants are considered legally equal (unlike the public law structure, in which relationships are hierarchical), so that one cannot give orders to the other, unless this is permitted by a previous contractual or family agreement. Private law serves to reduce the cost of legal transactions by providing a set of models that citizens can use if they wish. However, private parties are also free to modify these templates (i.e. to modify a contract before it is signed). The basis for the application of the law consists of (1) a written or oral constitution; (2) primary laws, statutes and laws; authorized by a legislative body authorized by the Constitution; (3) a body approved by primary law adopts subsidiary laws or statutes; (4) traditional practices confirmed by the courts; (5) Civil, general, Roman or other code as the source of these principles or practices. (*Legal Dictionary: What is a Legal System? There are hundreds of legal systems in the world. At the global level, international law is of great importance, whether through the practice of sovereign States or through agreement between them in the form of treaties and other agreements. Some transnational entities, such as the European Union, have created their own legal structures.
At the national level, the United Nations has more than 180 sovereign States. Many of them are federal and their components may have their own additional laws. But suppose an employer fired an employee for not committing perjury (lying on the witness stand in a court case); The employer wanted the employee to cover up the company`s criminal or unethical act. Suppose that, as in the previous cases, there are no applicable laws and no employment contract. Courts based on a finding or precedent that “employers may terminate employees for any reason or no reason” could rule against an employee seeking termination compensation because he or she told the truth on the witness stand. Or it could make an exception to the general rule, such as: “Employers can generally fire employees for any reason or no reason without incurring legal liability; However, employers are held legally liable if they terminate an employee who refuses to lie on behalf of the employer in legal proceedings. It should be noted, however, that we do not find the three formal structural elements in a formulation of a single legal norm (i.e. a paragraph, an article, etc.). Often, we also see that the provisions of the penal code embody only half of the determining factor and the sanction and leave the rest to conclusions. This means, therefore, that the full understanding of a single standard implies the link between different legal provisions, which often belong to different branches of the legal system.
Therefore, it is said that it is always necessary to have a comprehensive understanding of the entire legal system in order to properly apply even one standard. The introduction of a legal system was not invented by the founding fathers of the United States. The idea of written laws dates back to ancient Mesopotamian culture, which flourished long before the writing of the Bible or the flourishing of the civilizations of the Greeks or Romans. In fact, the oldest known evidence of a code of law is tablets from the ancient city of Ebla (Tell Mardikh in present-day Syria). They date from around 2400 BC. However, most scholars attribute the Hammurabi Codex to the origin of written laws and a formal legal system. If you haven`t heard of Hammurabi, you`ve probably heard one of his laws: “An eye for an eye, a tooth for a tooth.” The Code of Hammurabi, a set of 282 laws inscribed on a straight stone pillar, contains many basic legal concepts that we would recognize in the current legal system. In fact, Hammurabi`s argument for creating this code is not that far removed from the raison d`être of our current legal system. In his preface, Hammurabi writes that he established these laws “to establish the rule of justice in the land, to destroy wicked and evildoers; so that the strong do not harm the weak.
“Law is the command of a sovereign” represents which school of legal thought? Most systems accept that criminal responsibility is not attributable to specific groups of people: very young children or people with serious mental illness. The systems also recognize a number of mitigating circumstances such as self-defence or provocation. We find a close relationship between the rules of law and the rules of positive morality, for the latter determine the upper and lower limits of the effective functioning of the law.
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